Estate of Frank A. Branson - Page 28




                                       - 28 -                                         

          and for the life of the survivor.  See Estate of Vitt v. United             
          States, 706 F.2d at 875.15                                                  
               Finally, petitioner relies on United States v. Herring, 240            
          F.2d 225 (4th Cir. 1957), and United States v. Bowcut, 287 F.2d             
          654 (9th Cir. 1961).  These cases, like the case now before us,             
          concerned the estate tax and the income tax, and in both cases              
          the taxes were not imposed on a single taxable event.  In both              
          cases, however, the single-transaction requirement was found to             
          be satisfied, and equitable recoupment was applied in the                   
          taxpayer's favor.                                                           
               In United States v. Herring, supra, the decedent died in               
          1948, and his surviving spouse, as administratrix, filed the                
          estate tax return in 1949, paying the tax due.  In 1951, the                
          Government issued a preliminary notice proposing a deficiency in            



               15Although arguably there were two taxable events in Estate            
          of Vitt v. United States, supra,-- the death of Edward Vitt and             
          the death of Verlena Vitt, see Parker v. United States, 110 F.3d            
          678, 684 (9th Cir. 1997) (finding that death is a taxable event),           
          see infra p. 46--the Court of Appeals for the Eighth Circuit                
          considered the single transaction requirement met by the                    
          precipitating transaction, the lifetime transfer of the property            
          to the Vitts’ descendants.  Similarly, in the instant case,                 
          arguably there were two transactions or taxable events--the                 
          transfer of the stock to petitioner upon decedent's death and the           
          subsequent sale by petitioner of that stock--the precipitating              
          transaction, however, was the valuation of the same item in the             
          transfer from decedent to petitioner.  We note that the Supreme             
          Court in Bull v. United States, 295 U.S. 247 (1935), also did not           
          consider the death of Bull and the transfer of the overvalued               
          partnership interest to the estate; instead it viewed the                   
          precipitating transaction--the distribution of the partnership              
          income--as the single transaction.                                          




Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011